80 FR 50644 - Automated Commercial Environment (ACE) Export Manifest for Vessel Cargo Test

DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection

Federal Register Volume 80, Issue 161 (August 20, 2015)

This document announces that U.S. Customs and Border Protection (CBP) plans to conduct the Automated Commercial Environment (ACE) Export Manifest for Vessel Cargo Test, a National Customs Automation Program (NCAP) test concerning ACE export manifest capability. The ACE Export Manifest for Vessel Cargo Test is a voluntary test in which participants agree to submit export manifest data to CBP electronically, at least 24 hours prior to loading of the cargo onto the vessel in preparation for departure from the United States. In most cases, CBP regulations require carriers to submit a paper manifest for export vessel shipments within 4 days after departure or for approved carriers to submit the outbound vessel manifest information electronically within 10 days after departure. This notice provides a description of the test, sets forth eligibility requirements for participation, and invites public comment on any aspect of the test.

[Federal Register Volume 80, Number 161 (Thursday, August 20, 2015)]
[Notices]
[Pages 50644-50649]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-20614]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection


Automated Commercial Environment (ACE) Export Manifest for Vessel 
Cargo Test

AGENCY: U.S. Customs and Border Protection, DHS.

ACTION: General notice.

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SUMMARY: This document announces that U.S. Customs and Border 
Protection (CBP) plans to conduct the Automated Commercial Environment 
(ACE) Export Manifest for Vessel Cargo Test, a National Customs 
Automation Program

[[Page 50645]]

(NCAP) test concerning ACE export manifest capability. The ACE Export 
Manifest for Vessel Cargo Test is a voluntary test in which 
participants agree to submit export manifest data to CBP 
electronically, at least 24 hours prior to loading of the cargo onto 
the vessel in preparation for departure from the United States. In most 
cases, CBP regulations require carriers to submit a paper manifest for 
export vessel shipments within 4 days after departure or for approved 
carriers to submit the outbound vessel manifest information 
electronically within 10 days after departure. This notice provides a 
description of the test, sets forth eligibility requirements for 
participation, and invites public comment on any aspect of the test.

DATES: The test will begin no earlier than September 21, 2015 and will 
run for approximately two years. CBP is accepting applications for 
participation in this planned test until CBP has received applications 
from nine parties that meet all test participant requirements. Comments 
concerning this notice and all aspects of the announced test may be 
submitted at any time during the test period.

ADDRESSES: Applications to participate in the ACE Export Manifest for 
Vessel Cargo Test must be submitted via email to CBP Export Manifest at 
[email protected]. In the subject line of the email, 
please use ``ACE Export Manifest for Vessel Cargo Test Application''. 
Written comments concerning program, policy, and technical issues may 
also be submitted via email to CBP Export Manifest at 
[email protected]. In the subject line of the email, 
please use ``Comment on ACE Export Manifest for Vessel Cargo Test''.

FOR FURTHER INFORMATION CONTACT: Vincent C. Huang, Cargo and Conveyance 
Security, Office of Field Operations, U.S. Customs & Border Protection, 
via email at [email protected].

SUPPLEMENTARY INFORMATION:

Background

The National Customs Automation Program

    The National Customs Automation Program (NCAP) was established in 
Subtitle B of Title VI--Customs Modernization, in the North American 
Free Trade Agreement Implementation Act (Pub. L. 103-182, 107 Stat. 
2057, Dec. 8, 1993) (Customs Modernization Act) (19 U.S.C. 1411-14). 
Through NCAP, the initial thrust of customs modernization was on trade 
compliance and the development of the Automated Commercial Environment 
(ACE), the planned successor to the Automated Commercial System (ACS). 
ACE is an automated and electronic system for commercial trade 
processing which is intended to streamline business processes, 
facilitate growth in trade, ensure cargo security, and foster 
participation in global commerce, while ensuring compliance with U.S. 
laws and regulations and reducing costs for CBP and all of its 
communities of interest. The ability to meet these objectives depends 
on successfully modernizing CBP's business functions and the 
information technology that supports those functions. CBP's 
modernization efforts are accomplished through phased releases of ACE 
component functionality designed to replace a specific legacy ACS or 
paper function. Each release begins with a test and ends with mandatory 
use of the new ACE feature, thus retiring the legacy ACS or paper 
function. Each release builds on previous releases and sets the 
foundation for subsequent releases.

Authorization for the Test

    The Customs Modernization Act provides the Commissioner of CBP with 
the authority to conduct limited test programs or procedures designed 
to evaluate planned components of the NCAP. The test described in this 
notice is authorized pursuant to the Customs Modernization Act and 
section 101.9(b) of title 19 of the Code of Federal Regulations (19 CFR 
101.9(b)) which provides for the testing of NCAP programs or 
procedures. As provided in 19 CFR 101.9(b), for purposes of conducting 
an NCAP test, the Commissioner of CBP may impose requirements different 
from those specified in the CBP regulations.

International Trade Data System (ITDS)

    This test is also in furtherance of the International Trade Data 
System (ITDS) key initiatives, set forth in section 405 of the Security 
and Accountability for Every Port Act of 2006 (Pub. L. 109-347, 120 
Stat. 1884, Oct. 13, 2006) (SAFE Port Act) (19 U.S.C. 1411(d)) and 
Executive Order 13659 of February 19, 2014, Streamlining the Export/
Import Process for America's Businesses. The purpose of ITDS, as stated 
in section 405 of the SAFE Port Act, is to eliminate redundant 
information requirements, efficiently regulate the flow of commerce, 
and effectively enforce laws and regulations relating to international 
trade, by establishing a single portal system, operated by CBP, for the 
collection and distribution of standard electronic import and export 
data required by all participating Federal agencies. CBP is developing 
ACE as the ``single window'' for the trade community to comply with the 
ITDS requirement established by the SAFE Port Act.
    Executive Order 13659 requires that by December 2016, ACE, as the 
ITDS single window, have the operational capabilities to serve as the 
primary means of receiving from users the standard set of data and 
other relevant documentation (exclusive of applications for permits, 
licenses, or certifications) required for the release of imported cargo 
and clearance of cargo for export, and to transition from paper-based 
requirements and procedures to faster and more cost-effective 
electronic submissions to, and communications with, U.S. government 
agencies.

Current Vessel Cargo Export Information Requirements

    Under the CBP regulations (title 19 of the Code of Federal 
Regulations (CFR)), certain information must be submitted to CBP for 
vessels with export cargo leaving the United States for any foreign 
area, whether directly or by way of other domestic ports. Section 4.61 
(19 CFR 4.61) requires the vessel master or other proper officer to 
execute a Vessel Entrance or Clearance Statement on CBP Form 1300 filed 
with CBP pertaining to the outbound vessel. Section 4.63 (19 CFR 4.63) 
requires the vessel master, or the vessel's agent on behalf of the 
master, to file a vessel cargo manifest on paper CBP Form 1302-A, Cargo 
Declaration Outward With Commercial Forms, with copies of bills of 
lading or equivalent commercial documents relating to all cargo 
encompassed by the manifest attached in such manner as to constitute 
one document, with CBP at each port from which clearance is being 
sought.\1\ Section 4.75 (19 CFR 4.75), requires the vessel master, or 
the vessel's agent on behalf of the master, to file the complete vessel 
cargo manifest generally within 4 business days after

[[Page 50646]]

clearance from each port in the vessel's itinerary. Section 4.76 (19 
CFR 4.76) sets forth procedures and responsibilities of carriers filing 
outbound vessel manifest information via the Automated Export System 
(AES) in lieu of paper CBP Form 1302-A. Carriers that are approved to 
submit outbound vessel manifest information electronically in AES under 
19 CFR 4.76 must, with limited exceptions, submit the complete manifest 
data within 10 calendar days after departure. Finally, section 192.14 
(19 CFR 192.14) requires the U.S. Principal Party in Interest (USPPI) 
to file any required Electronic Export Information (EEI) for the cargo 
on the vessel.\2\ More details regarding the manifest requirements, the 
subject of this test, are provided in the next section.
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    \1\ In addition to the filing of a vessel clearance statement 
and a vessel cargo declaration with manifest information and 
commercial documents, section 4.63 requires the filing of export 
declarations. The term ``export declarations'' refers to the 
Shipper's Export Declarations, the Department of Commerce paper 
forms used by the Bureau of the Census under the Foreign Trade 
Statistics Regulations to collect information from an entity 
exporting from the United States. These forms were used for 
compiling the official U.S. export statistics for the United States 
and for export control purposes. The Shipper's Export Declarations 
became obsolete on October 1, 2008, with the implementation of the 
Foreign Trade Regulations (FTR) and have been superseded by the 
Electronic Export Information (EEI) filed in the Automated Export 
System (AES) or through the AESDirect. See 15 CFR 30.1. See also 19 
CFR 192.14, regarding required EEI.
    \2\ The USPPI is defined in the FTR as the person or legal 
entity in the United States that receives the primary benefit, 
monetary or otherwise, from the export transaction. Generally, that 
person or entity is the U.S. seller, manufacturer, or order party, 
or the foreign entity while in the United States when purchasing or 
obtaining the goods for export. 15 CFR 30.1.
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Current Vessel Cargo Manifest Requirements

    As indicated in the previous section, the vessel commander or agent 
must file copies of the vessel cargo manifest on CBP Form 1302-A. CBP 
Form 1302-A consists of the following data elements:

(1) Name of Ship
(2) Port where report is made (not required by United States)
(3) Nationality of ship
(4) Name of master
(5) Port of loading
(6) Port of discharge
(7) Bill of Lading number
(8) Marks and Numbers, Container Numbers, Seal Numbers
(9) Number and kind of packages; Description of goods
(10) Gross Weight (lb. or kg.) or Measurements (per HTSUS)
(11) Internal Transaction Number (ITN) or AES Exemption Statement \3\

    \3\ Though not a data element on CBP Form 1302-A itself, the 
carrier must include the ITN or AES Exemption Statement on the 
outward manifest pursuant to 19 CFR 192.14(c)(3). See also 19 CFR 
4.63(b) requiring the number of the export declaration or exemption 
(replaced by the ITN or AES Exemption Statement as detailed in Note 
1 above).
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    The vessel cargo manifest may be filed in complete form or 
incomplete form (pro forma). The complete manifest must be filed with 
CBP before the vessel will be cleared to depart to a foreign country 
listed in 19 CFR 4.75(c). Otherwise, for shipments to a foreign 
country, an incomplete manifest may be filed with CBP at the departure 
port when accompanied by the proper bond. As provided in 19 CFR 
4.84(c)(2), for shipments from any State or the District of Columbia to 
Puerto Rico, a complete manifest or proper bond shall be filed with CBP 
within one business day of arrival in Puerto Rico. As provided in 19 
CFR 4.84(c)(1), for shipments from any State or the District of 
Columbia to noncontiguous territories of the United States other than 
Puerto Rico, or from Puerto Rico to any State or the District of 
Columbia to any other noncontiguous territory, a complete manifest or 
proper bond must be filed with CBP before departure.
    Under the terms of the bond, the complete manifest must be filed 
with CBP by the master, or the vessel's agent on behalf of the master, 
within the appropriate time period. For shipments to foreign countries, 
the complete manifest must be filed no later than 4 business days post-
departure. For shipments from the United States to Puerto Rico, the 
complete manifest must be filed no later than 7 business days after 
arrival in Puerto Rico. For shipments between the United States or 
Puerto Rico and other U.S. territories, the complete manifest must be 
filed no later than 7 business days after departure.
    As mentioned in the previous section, under 19 CFR 4.76, certain 
carriers are approved to submit outbound vessel manifest information 
electronically in AES in lieu of submitting a paper CBP Form 1302-A. In 
most cases, these carriers must submit the complete manifest data 
within 10 calendar days after departure of the vessel from each port. 
However, if the destination of the vessel is a foreign port listed in 
19 CFR 4.75(c), the carrier must transmit complete manifest information 
before vessel departure. Also, the time requirements for electronic 
transmission of complete manifest information for carriers destined to 
Puerto Rico and U.S. possessions are the same as the requirements found 
in 19 CFR 4.84 and described above.

Trade Act and the Automated Export System (AES)

    Section 343(a) of the Trade Act of 2002, as amended (Trade Act) (19 
U.S.C. 2071 note), requires CBP to promulgate regulations providing for 
the mandatory transmission of electronic cargo information by way of a 
CBP-approved electronic data interchange (EDI) system before the cargo 
is brought into or departs the United States by any mode of commercial 
transportation (sea, air, rail, or truck). The required cargo 
information is that which is reasonably necessary to enable high-risk 
shipments to be identified for purposes of ensuring cargo safety and 
security and preventing smuggling pursuant to the laws enforced and 
administered by CBP. Section 192.14 of title 19 of the CFR (19 CFR 
192.14) implements the requirements of the Trade Act with regard to 
cargo departing the United States.
    While the vessel cargo manifest described in the previous section 
must be submitted by the vessel commander or agent, that is, by the 
vessel carrier, 19 CFR 192.14 specifies that any required EEI must be 
filed by the USPPI. The USPPI or its authorized agent must transmit any 
required EEI using a CBP-approved EDI system, and verify system 
acceptance of this EEI no later than 24 hours prior to departure from 
the U.S. port where the vessel cargo is to be laden. The vessel carrier 
may not load cargo without first receiving from the USPPI or its 
authorized agent either the related EEI filing citation, covering all 
cargo for which the EEI is required, or exemption legends, covering 
cargo for which EEI need not be filed. The outbound vessel carrier then 
must annotate the vessel cargo manifest, waybill, or other export 
documentation with the applicable AES proof of filing, post departure, 
downtime, exclusion or exemption citations, conforming to the approved 
data formats found in the Bureau of the Census Foreign Trade 
Regulations (FTR) (15 CFR part 30).

Description of the ACE Export Manifest for Vessel Cargo Test

Purpose

    The ACE Export Manifest for Vessel Cargo Test will test the 
functionality regarding the filing of export manifest data for vessel 
cargo electronically to ACE in furtherance of the ITDS initiatives 
described above. CBP has re-engineered AES to move it to an ACE system 
platform. The re-engineering and incorporation of AES into ACE will 
result in the creation of a single automated export processing platform 
for certain export manifest, commodity, licensing, export control, and 
export targeting transactions. This will reduce costs for CBP, partner 
government agencies, and the trade community and improve facilitation 
of export shipments through the supply chain.
    The ACE Export Manifest for Vessel Cargo Test will also test the 
feasibility of requiring the manifest information to be filed 
electronically in ACE within a specified time before the cargo is 
loaded on the vessel. (Under the current regulatory requirements, in 
most cases the complete manifest is not required to be submitted until 
after the departure of the vessel). As described in the

[[Page 50647]]

paragraph below, in the test, participants will submit export manifest 
data electronically to ACE at least 24 hours prior to loading of the 
cargo on the vessel. This will enable CBP to link the EEI submitted by 
the USPPI with the export manifest information earlier in the process. 
This capability will better enable CBP to assess risk and effectively 
target and inspect shipments prior to the loading of cargo to ensure 
compliance with all U.S. export laws.

Procedures

    Participants in the ACE Export Manifest for Vessel Cargo Test agree 
to provide export manifest data to CBP electronically at least 24 hours 
prior to loading of the cargo onto the vessel in preparation for 
departure from the United States. If the vessel carrier files this ACE 
Export Manifest data, the filing is in lieu of the paper filing of CBP 
Form 1302-A and copies of bills of lading or equivalent commercial 
documents relating to all cargo encompassed by the manifest. If a 
freight forwarder or non-vessel operating common carrier (NVOCC) files 
the ACE Export Manifest data, the carrier is still required to file one 
of the following: the paper CBP Form 1302-A with copies of bills of 
lading or equivalent commercial documents relating to all cargo 
encompassed by the manifest attached in such manner as to constitute 
one document; the 19 CFR 4.76 electronic equivalent, if the vessel 
carrier is approved for this procedure; or the ACE Export Manifest 
data, if the vessel carrier is a test participant.
    The ACE Export Manifest data submission will be used to target 
high-risk vessel cargo. The data should be available to test 
participants early in the planning stages of an export vessel cargo 
transaction. It is anticipated that data provided no later than 24 
hours prior to loading will permit adequate time for proper risk 
assessment and identification of shipments to be inspected early enough 
in the supply chain to enhance security while minimizing disruption to 
the flow of goods.
    Any vessel cargo identified as potentially high-risk will receive a 
hold until required additional information related to the shipment is 
submitted to clarify non-descriptive, inaccurate, or insufficient 
information, a physical inspection is performed, or some other 
appropriate action is taken, as specified by CBP. Once the cargo is 
cleared for loading, a release message will be generated and 
transmitted to the filer.

Data Elements

    The ACE Export Manifest for Vessel Cargo Test data elements are 
similar, but not identical to the data elements required on CBP Form 
1302-A. The data elements are mandatory unless otherwise indicated. 
Data elements that are indicated as ``conditional'' must be transmitted 
to CBP only if the particular information pertains to the cargo. The 
ACE Export Manifest for Vessel Cargo data elements are to be submitted 
at the lowest bill level. The data elements consist of:

(1) Mode of transportation (Vessel, containerized or Vessel, non-
containerized)
(2) Name of ship or vessel
(3) Nationality of ship
(4) Name of master
(5) Port of loading
(6) Port of discharge
(7) Bill of Lading number (Master and House)
(8) Bill of Lading type (Master, House, Simple or Sub)
(9) Number of house Bills of Lading
(10) Marks and Numbers (conditional)
(11) Container Numbers (conditional)
(12) Seal Numbers (conditional)
(13) Number and kind of packages
(14) Description of goods
(15) Gross Weight (lb. or kg.) or Measurements (per HTSUS)
(16) Shipper name and address
(17) Consignee name and address
(18) Notify Party name and address (conditional)
(19) Country of Ultimate Destination
(20) In-bond number (conditional)
(21) Internal Transaction Number (ITN) or AES Exemption Statement (per 
shipment)
(22) Split Shipment Indicator (Yes/No)
(23) Portion of split shipment (e.g. 1 of 10, 4 of 10, 5 of 10--Final. 
etc.) (conditional)
(24) Hazmat Indicator (Yes/No)
(25) UN Number (conditional) (If the hazmat indicator is yes, the four-
digit United Nations (UN) Number assigned to the hazardous material 
must be provided.)
(26) Chemical Abstract Service (CAS) Registry Number (conditional)
(27) Vehicle Identification Number (VIN) or Product Identification 
Number (conditional) (For shipments of used vehicles, the VIN must be 
reported, or for used vehicles that do not have a VIN, the Product 
Identification Number must be reported.)

    There are currently no additional data elements identified for 
other participating U.S. Government Agencies (PGAs) for the ACE Export 
Manifest for Vessel Cargo Test. However, CBP may enhance the test in 
the future with additional data or processing capabilities to assist 
with facilitation of vessel shipment movements and to be consistent 
with Executive Order 13659. Any such enhancement will be announced in 
the Federal Register.

Eligibility Requirements

    CBP is limiting this test to nine stakeholders in the vessel cargo 
environment. Specifically, CBP is seeking participation from:
     At least three, but no more than six, vessel carriers; and
     At least three, but no more than six, freight forwarders 
or NVOCCs.
    There are no restrictions with regard to organization size, 
location, or commodity type. However, participation is limited to those 
parties able to electronically transmit export manifest data in the 
identified acceptable format. Prospective ACE Export Manifest for 
Vessel Cargo Test participants must have the technical capability to 
electronically submit data to CBP and receive response message sets via 
Cargo-IMP, AIR CAMIR, XML, or Unified XML, and must successfully 
complete certification testing with their client representative. 
(Unified XML may not be immediately available at the start of the test. 
However, parties wishing to utilize Unified XML may be accepted, 
pending its development and implementation). Once parties have applied 
to participate, they must complete a test phase to determine if the 
data transmission is in the required readable format. Applicants will 
be notified once they have successfully completed testing and are 
permitted to participate fully in the test. In selecting participants, 
CBP will take into consideration the order in which the applications 
are received.

Conditions of Participation

    Test participants agree to submit export manifest data 
electronically to CBP via an approved EDI at least 24 hours prior to 
the loading of the cargo onto the vessel in preparation for departure 
from the United States. In addition, test participants agree to 
establish operational security protocols that correspond to CBP hold 
messages that mandate the participant to take responsive action and 
respond to CBP confirming that the requested action was taken to 
mitigate any threat identified, respond promptly with complete and 
accurate information when contacted by CBP with questions regarding the 
data submitted, and comply with any ``Do Not Load'' instructions.

[[Page 50648]]

    Finally, test participants agree to participate in any 
teleconferences or meetings established by CBP, when necessary, to 
ensure any challenges, or operational or technical issues regarding the 
test are properly communicated and addressed.
    Participation in the ACE Export Manifest for Vessel Cargo Test does 
not impose any legally binding obligations on either CBP or the 
participant, and CBP generally does not intend to enforce or levy 
punitive measures if test participants are non-compliant with these 
conditions of participation during the test.

Application Process and Acceptance

    Those interested in participating in the ACE Export Manifest for 
Vessel Cargo Test should submit an email to CBP Export Manifest at 
[email protected], stating their interest and their 
qualifications based on the above eligibility requirements. The email 
will serve as an electronic signature of intent to participate and must 
also include a point of contact name and telephone number. Applications 
will be accepted until CBP has received applications from nine parties 
that meet all test participant requirements. CBP will notify applicants 
whether they have been selected to participate in the test. Applicants 
will also be notified once they have successfully completed 
certification testing and are permitted to participate fully in the 
test. Test participants will receive technical, operational, and policy 
guidance through all stages of test participation, from planning to 
implementation, on the necessary steps for the transmission of 
electronic export manifest data.

Costs to ACE Export Manifest for Vessel Cargo Test Participants

    ACE Export Manifest for Vessel Cargo Test participants are 
responsible for all costs incurred as a result of their participation 
in the test and such costs will vary, depending on their pre-existing 
infrastructures. Costs may be offset by a significant reduction in 
expenses associated with copying, storing, and courier services for 
presenting the paper manifest to CBP.

Benefits to ACE Export Manifest for Vessel Cargo Test Participants

    While the benefits to ACE Export Manifest for Vessel Cargo Test 
participants will vary, several advantages of joining may include:
     Reduction in costs associated with generating copies, 
transportation, and storage of paper manifest documentation;
     Increases in security by leveraging CBP threat model and 
other data to employ a risk-based approach to improve vessel cargo 
security and to ensure compliance with U.S. export laws, rules and 
regulations through targeted screening;
     Gains in efficiencies by automating the identification of 
high-risk cargo for enhanced screening and earlier identification of 
low-risk shipments;
     The ability to provide input into CBP efforts to 
establish, test, and refine the interface between government and 
industry communication systems for the implementation of the electronic 
export manifest; and
     Facilitation of corporate preparedness for future 
mandatory implementation of electronic export manifest submission 
requirements.

Waiver of Certain Regulatory Requirements

    For purposes of this test, the requirement to file a paper CBP Form 
1302-A, as provided in 19 CFR 4.63, 4.75, 4.82, and 4.87-89, will be 
waived for vessel carrier test participants that submit the ACE Export 
Manifest for Vessel Cargo data elements electronically as described 
above. For purposes of this test, the requirement to file copies of 
bills of lading or equivalent commercial documents relating to all 
cargo encompassed by the manifest attached in such manner as to 
constitute one document, as provided in 19 CFR 4.63(a)(1), will also be 
waived for vessel carrier test participants. If a freight forwarder or 
NVOCC submits the electronic ACE Export Manifest data, the vessel 
carrier is still required to file one of the following: The paper CBP 
Form 1302-A with copies of bills of lading or equivalent commercial 
documents relating to all cargo encompassed by the manifest attached in 
such manner as to constitute one document; the 19 CFR 4.76 electronic 
equivalent, if the carrier is approved for the electronic filing; or 
the electronic ACE Export Manifest data, if the vessel carrier is a 
test participant. The vessel carrier maintains responsibility for 
submitting the manifest data to CBP to cover all cargo on the vessel, 
even if the freight forwarder or NVOCC has also submitted manifest 
data.
    Participation in the test does not alter the participant's 
obligations to comply with any other applicable statutory and 
regulatory requirements, including 19 CFR 4.63, 4.75, 4.82, and 4.87-
89, and participants will still be subject to applicable penalties for 
non-compliance. In addition, submission of data under the test does not 
exempt the participant from any CBP or other U.S. Government agency 
program requirements or any statutory sanctions in the event that a 
violation of U.S. export laws or prohibited articles are discovered 
within a shipment/container presented for export destined from the 
United States on a vessel owned and/or operated by the participant.

Duration and Evaluation of the ACE Export Manifest for Vessel Cargo 
Test

    The test will be activated on a case-by-case basis with each 
participant and may be limited to a single or small number of ports 
until any operational, training, or technical issues on either the 
trade or government side are established and/or resolved. The test will 
run for approximately two years from September 21, 2015. While the test 
is ongoing, CBP will evaluate the results and determine whether the 
test will be extended, expanded to include additional participants, or 
otherwise modified. CBP will announce any such modifications by notice 
in the Federal Register. When sufficient test analysis and evaluation 
has been conducted, CBP intends to begin rulemaking to require the 
submission of electronic export manifest data before the cargo is 
loaded onto the vessel for all international shipments destined from 
the United States. The results of the test will help determine the 
relevant data elements, the time frame within which data should be 
submitted to permit CBP to effectively target, identify, and mitigate 
any risk with the least impact practicable on trade operations, and any 
other related procedures and policies.

Confidentiality

    All data submitted and entered into ACE is subject to the Trade 
Secrets Act (18 U.S.C. 1905) and is considered confidential, except to 
the extent as otherwise provided by law. However, participation in this 
or any ACE test is not confidential and upon a written Freedom of 
Information Act (FOIA) request, the name(s) of an approved 
participant(s) will be disclosed by CBP in accordance with 5 U.S.C. 
552.

Misconduct Under the Test

    If a test participant fails to abide by the rules, procedures, or 
terms and conditions of this and all other applicable Federal Register 
Notices, fails to exercise reasonable care in the execution of 
participant obligations, or otherwise fails to comply with all 
applicable laws and regulations, then the participant may be suspended 
from participation in this test and/or subjected to penalties, 
liquidated damages, and/or other administrative or judicial sanction. 
Additionally, CBP has

[[Page 50649]]

the right to suspend a test participant based on a determination that 
an unacceptable compliance risk exists.
    If CBP determines that a suspension is warranted, CBP will notify 
the participant of this decision, the facts or conduct warranting 
suspension, and the date when the suspension will be effective. In the 
case of willful misconduct, or where public health interests or safety 
are concerned, the suspension may be effective immediately. This 
decision may be appealed in writing to the Assistant Commissioner, 
Office of Field Operations, within 15 days of notification. The appeal 
should address the facts or conduct charges contained in the notice and 
state how the participant has or will achieve compliance. CBP will 
notify the participant within 30 days of receipt of an appeal whether 
the appeal is granted. If the participant has already been suspended, 
CBP will notify the participant when their participation in the test 
will be reinstated.

Paperwork Reduction Act

    As noted above, CBP will be accepting no more than nine 
participants in the ACE Export Manifest for Vessel Cargo Test. This 
means that fewer than ten persons will be subject to any information 
collections under this test. Accordingly, collections of information 
within this notice are exempted from the requirements of the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3502 and 3507).

    Dated: August 17, 2015.
Todd C. Owen,
Assistant Commissioner, Office of Field Operations.
[FR Doc. 2015-20614 Filed 8-19-15; 8:45 am]
BILLING CODE 9111-14-P